JK 3225 
1842 
.A33 
Copy 2 



JK 3225 
|1842 
J.A33 
Copy 2 



THE 



CONSTITUTION 



OF THE 



STATE OF RHODE-ISLAND 



• 



AND 



PROVIDENCE PLANTATIONS, 



AS ADOPTED BY THE 



CONVENTION, 



ASSEMBLED AT NEWPORT, SEPTEMBER, 1842. 



PROVIDENCE: 
PRINTED BY KNOWLES AND VOSE, 

1842. 



'V 



N 



\V 



^ 



CONSTITUTION. 



We, the people of the State of Rhode Island and Provi- 
dence Plantations, grateful to Almighty God for the civil 
and religious liberty which He hath so long permitted us 
to enjoy, and looking to Him for a blessing upon our en- 
deavors to secure and to transmit the same, unimpaired, to 
succeeding generations, do ordain and establish this Consti- 
tution of Government. 

ARTICLE FIRST. 

DECLARATION OF CERTAIN CONSTITUTIONAL RIGHTS AND 
PRINCIPLES. 

In order effectually to secure the religious and political 
freedom established by our venerated ancestors, and to 
preserve the same for our posterity, we do declare that the 
essential and unquestionable rights and principles hereinaf- 
ter mentioned, shall be established, maintained, and pre- 
served, and shall be of paramount obligation in all legisla- 
tive, judicial and executive proceedings. 

Section 1. In the words of the Father of his Country, 
we declare, that " the basis of our political systems is the 
right of the people to make and alter their constitutions 01 
government; but that the constitution which at any time 
exists, till changed by an explicit and authentic act of the 
whole people, is sacredly obligatory upon all." 

Sec. 2. All free governments are instituted for the pro- 
tection, safety, and happiness of the people. All laws, 
therefore, should be made for the good of the whole ; and 
the burdens of the State ought to be fairly distributed 
among its citizens. 

Sec. 3. Whereas, Almighty God hath created the mind 
free ; and all attempts to influence it by temporal punish- 
ments or burthens, or by civil incapacitations, tend to beget 
habits of hypocrisy and meanness ; and whereas a princi- 



s i 



pal object of our venerable ancestors, in their migration to 
this country and their settlement of this State, was, as 
they expressed it, to hold forth a lively experiment that a 
flourishing civil State may stand and be best maintained 
with full liberty in religious concernments : we, therefore, 
declare, that no man shall be compelled to frequent or to 
support any religious worship, place or ministry whatever, 
except in fulfilment of his own voluntary contract ;' nor 
enforced, restrained, molested or burthened in his body or 
goods ; nor disqualified from holding any office ; nor oth- 
erwise suffer on account of his religious belief; and that 
every man shall be free to worship God according to the 
dictates of his own conscience, and to profess and by ar- 
gument to maintain his opinion in matters of religion ; 
and that the same shall in no wise diminish, enlarge or 
affect his civil capacity. 

Sec. 4 Slavery shall not be permitted in this State. 

Sec. 5. Every person within this State ought to find a 
certain remedy, by having recourse to the laws, for all in- 
juries or wrongs which he may receive in his person, prop- 
erty, or character. He ought to obtain right and justice 
freely, and without purchase, completely and without de- 
nial ; promptly and without delay ; .^conformably to the 
laws. 

Sec. 6. The right of the people to be secure in their 
persons, papers, and possessions, against unreasonable 
searches and seizures, shall not be violated ; and no war- 
rant shall issue, but on complaint in writing, upon probable 
cause, supported by oath or affirmation, and describing as 
nearly as may be, the place to be searched, and the persons 
or things to be seized. 

Sec. 7. No person shall be held to answer for a capital 
or other infamous crime, unless on presentment or indict- 
ment by a grand jury, except in cases of impeachment, or 
of such offences as are cognizable by a justice of the 
peace ; or in cases arising in the land or naval forces, or 
in the militia, when in actual service in time of war or 
public danger. No person shall, after an acquittal, be tried 
for the same offence. 

Sec, 8. Excessive bail shall not be required, nor excess- 
ive fines imposed, nor cruel punishments inflicted ; and alt 
punishments ought to be proportioned to the offence. 

Sec. 9. All persons imprisoned ought to be bailed by 
sufficient surety, unless for offences punishable by death or 
by imprisonment for life, when the proof of guilt is evi- 



dent, or the presumption great. The privilege of the writ 
of habeas corpus shall not be suspended, unless when in 
cases of rebellion or invasion the public safety shall require 
it ; nor ever without the authority of the General Assembly. 

Sec. 10. In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an impar- 
tial jury ; to be informed of the nature and cause of the 
accusation, to be confronted with the witnesses against 
him, to have compulsory process for obtaining them in his 
favor, 10 have the assistance of counsel in his defence, and 
shall be at liberty to speak for himself; nor shall he be de- 
prived of life, liberty, or property, unless by the judgment 
of his peers, or the law of the land. 

Sec. 11. The person of a debtor, when there is not 
strong presumption of fraud, ought not to be continued in 
prison, after he shall have delivered up his property for the 
benefit of his creditors, in such manner as shall be prescri- 
bed by law. 

Sec. 12. No ex post facto law, or law impairing the ob- 
ligation of contracts, shall be passed. 

Sec. 13. No man in a court of common law shall be 
compelled to give evidence, criminating himself. 

Sec. 14. Every man being presumed innocent, until he 
is pronounced guilty by the law, no act of severity which 
is not necessary to secure an accused person, shall be per- 
mitted. 

Sec. 15. The right of trial by jury shall remain inviolate. 

Sec. 16. Private property shall not be taken for public 
uses, without just compensation. 

Sec. 17. The people shall continue to enjoy and freely 
exercise all the rights of fishery, and the privileges of the 
shore, to which they have been heretofore entitled under 
the charter and usages of this State. But no new right 
is intended to be granted, nor any existing right impaired 
by this declaration. 

Sec. 18. The military shall be held in strict subordina- 
tion to the civil authority. And the law martial shall be 
used and exercised in such cases only as occasion shall 
necessarily require. 

Sec. 19. No soldier shall be quartered in any house, in 
time of peace, without the consent of the owner ; nor, in 
time of war, but in manner to be prescribed by law. 

Sec. 20. The liberty of the press being essential to the 
security of freedom in a state, any person may publish his 
sentiments on any subject, being responsible for the abuse 



of that liberty ; and in all trials for libel, both civil and 
criminal, the truth, unless published from malicious mo- 
tives, shall be sufficient defence to the person charged. 

Sec. 21. The citizens have a right in a peaceable man- 
ner to assemble for their common good, and to apply to those 
invested with the powers of Government, for redress of 
grievances, or for other purposes, by petition, address, or 
remonstrance. 

Sec. 22. The right of the people to keep and bear arms, 
shall not be infringed. 

Sec. 23. The enumeration of the foregoing rights shall 
not be construed to impair or deny others retained by the 
people. 

ARTICLE SECOND. 

OF THE QUALIFICATION OF ELECTORS. 

Section 1. Every male citizen of the United States, of 
the age of twenty-one years, who has had his residence 
and home in this State for one year, and in the town or 
city in which he may claim a right to vote, six months 
next preceding- the time of voting, and who is really and 
truly possessed in his own right of real estate in such town 
or city of the value of one hundred and thirty-four dollars 
over and above all incumbrances, or which shall rent for 
seven dollars per annum over and above any rent reserved 
or the' interest of any incumbrances thereon, being an es- 
tate in fee simple, fee tail, for the life of any person, or an 
estate in reversion or remainder, which qualifies no other 
person to vote, the conveyance of which estate, if by deed, 
shall have been recorded at least ninety days, shall there- 
after have a right to vote in the election of all civil officers 
and on all questions in all legal town or ward meetings so 
long as he continues so qualified. And if any person here- 
inbefore described shall own any such estate within this 
State out of the town or city in which he resides, he 
shall have a right to vote in the election of all general 
officers and members of the General Assembly in the town 
or city in which he shall have had his residence and home 
for the term of six months next preceding the election, 
upon producing a certificate from the clerk of the town or 
city in which his estate lies, bearing date within ten days 
of the time of his voting, setting forth that such person has 
a sufficient estate therein to qualify him as a voter ; and 
that the deed, if any, has been recorded ninety days. 

Sec. 2. Every [ ] male native citizen of the 

United States, of the age of twenty-one years, who has 



had his residence and home in this State two years and 
in the town or city in which he may offer to vote, six 
months next preceding the time of voting, whose name 
is registered pursuant to the act calling the convention to 
frame this constitution, or shall he registered in the office 
of the clerk of such town or city at least seven days be- 
fore the time he shall offer to vote, and before the last day 
of December in the present year; and who has paid or shall 
pay a tax or taxes assessed upon his estate within this State 
and within a year of the time of voting to the amount of one 
dollar, or who shall voluntarily pay at least seven days be- 
fore the time he shall offer to vote, and before said last day 
of December, to the clerk or treasurer of the town or city 
where he resides, the sum of one dollar, or such sum as 
with his other taxes, shall amount to one dollar, for the 
support of public schools therein, and shall make proof of 
the sam?, by the certificate of the clerk, treasurer or col- 
lector of any town or city where such payment is made : 
or, who being so registered, has been enrolled in any milita- 
ry company in this State, and done military service or duty 
therein, within the present year, pursuant to law, and shall, 
(until other proof is required by law,) prove by the certifi- 
cate of the officer legally commanding the regiment, or char- 
tered, or legally authorized volunteer company in which he 
may have served or done duty, that he has been equipped 
and done duty according to law, or by the certificate of the 
commissioners upon military claims, that he has perform- 
ed military service, shall have a right to vote in the elec- 
tion of all civil officers, and on all questions in all legally 
organized town or ward meetings, until the end of the 
first year after the adoption of this constitution, or until 
the end of the yeav eighteen hundred and forty-three. 

From and after that time, every such citizen who has 
had the residence herein required, and whose name shall 
be registered in the town where he resides, on or before 
the last day of December, in the year next preceding the 
time of his voting, and who shall show by legal proof, 
that he has for and within the year next preceding the 
time he shall offer to vote, paid a tax or taxes assessed 
against him in any town or city in this State, to the 
amount of one dollar, or that he has been enrolled in a 
military company in this State, been equipped and done 
duty therein, according to law, and at least, for one day 
during such year, shall have a right to vote in the election 
of all civil officers, and on all questions in all legally orga- 



8 

nized town or ward meetings : Provided, that no person 
shall at any time be allowed to vote m the election of the 
City Council of the city of Providence, or upon any propo- 
sition to impose a tax or for the expenditure of money 
in arly town or city, unless he shall within the year next pre- 
ceeding, have paid a tax assessed upon his property there- 
in, valued at least, at one hundred and thirty-four dollars. 

Sec. 3. The assessors of each town or city shall annu- 
ally assess upon every person whose name shall be regis- 
tered, a tax of one dollar, or such sum as with his other 
taxes shall amount to one dollar, which registry tax shall be 
paid into the treasury of such town or city, and be applied 
to the support of public schools therein : But no compul- 
sory process shall issue for the collection of any registry tax: 
Provided, that the registry tax of every person who has 
performed military duty according to the provisions of the 
preceding section, shall be remitted for the year he shall 
perform such duty; and the registry tax assessed upon any 
mariner, for any year while he is at sea, shall, upon his 
application, be remitted j and no person shall be allowed to 
vote whose registry tax for either of the two years next 
preceding the time of voting is not paid or remitted as 
herein provided. 

Sec. 4. No person in the military, naval, marine or 
any other service of the United States, shall be consid- 
ered as having the required residence by reason of being 
employed in any garrison, barrack, or military or naval 
station in this State : and no pauper, lunatic, person non 
compos mentis, person under guardianship, or member of 
the Narragansett tribe of Indians, shall be permitted to be 
registered or to vote. Nor shall any person convicted of 
bribery or of any crime deemed infamous at common law, 
be permitted to exercise that privilege, until he be express- 
ly restored thereto by act of the General Assembly. 

Sec. 5. Persons residing on lands ceded by this State 
to the United States, shall not be entitled to exercise the 
privilege of electors. 

Sec. 6. The General Assembly shall have full power to 
provide for a registry of voters, to prescribe the manner 
of conducting the elections, the form of certificates, the na- 
ture of the evidence to be required in case of a dispute as 
to the right of any person to vote, and generally to enact all 
laws necessary to carry this article into effect, and to pre- 
vent abuse, corruption, and fraud in voting. 



9 
ARTICLE THIRD. 

OF THE DISTRIBUTION OF POWERS. 

The powers of the government shall be distributed into 
three departments; the Legislative, Executive, and Judicial, 
ARTICLE FOURTH. 

OF THE LEGISLATIVE POWER. 

Section 1. This Constitution shall be the supreme law 
of the State, and any law inconsistent therewith shall be 
void. The General Assembly shall pass all laws necessa- 
ry to carry this Constitution into effect. 

Sec. 2. The Legislative power, under this Constitution, 
shall be vested in two Houses, the one to be called the 
Senate, the other the House of Representatives ; and both 
together the General Assembly. The concurrence of the 
two Houses shall be necessary to the enactment of laws. 
The style of their laws shall be, It is enacted by the 
General Aseembly as follows. 

Sec. 3. There shall be two sessions of the General As- 
sembly holden annually; one at Newport, on the first 
Tuesday of May, for the purposes of election and other 
business ; the other on the last Monday of October, which 
last session shall be holden at South Kingstown once in 
two years, and the intermediate years alternately at Bristol 
and East Greenwich ; and an adjournment from the Octo- 
ber session shall be holden annually at Providence. 

Sec. 4. No member of the General Assembly shall take 
any fee, or be of counsel in any case pending before either 
House of the General Assembly, under penalty of forfeit- 
ing his seat, upon proof thereof to the satisfaction of the 
House of which he is a member. 

Sec. 5. The person of every member of the General As- 
sembly shall be exempt from arrest and his estate from at- 
tachment in any civil action, during the session of the 
General Assembly, and two days before the commence- 
ment, and two days after the termination thereof, and all 
process served contrary hereto shall be void. For any 
speech in debate in either House, no member shall be ques- 
tioned in any other place. 

Sec. 6. Each House shall be the judge of the elections 
and qualifications of its members ; and a majority shall 
constitute a quorum to do business ; but a smaller number 
may adjourn from day to day, and may compel the attend- 
ance of absent members, in such manner, and under such 
penalties as may be prescribed by such House or by law. 
2 



w 

The organization of the two Houses may be regulated bf 
law, subject to the limitations contained in this constitution. 

Sec. 7. Each House may determine its rules of proceed- 
ing, punish contempts, punish its members for disorderly be- 1 
havior, and, with the concurrence of two-thirds, expel a 
member ; but not a second time for the same cause. 

Sec. 8. Each House shall keep a journal of its proceed- 
ings. The yeas and nays of the members of either House, 
shall, at the desire of one-fifth of those present, be entered 
on the journal. 

Sec. 9. Neither House shall, during a session, without 
the consent of the other, adjourn for more than two days, 
nor to any other place than that in which they may be sit- 
ting. 

Sec. 10. The General Assembly shall continue to exer- 
cise the powers they have heretofore exercised, unless pro- 
hibited in this constitution. 

Sec. 11. The Senators and Representatives shall receive 
the sum of one dollar for every day of attendance, and 
eight cents per mile for travelling expenses in going to and 
returning from the General Assembly. The General As- 
sembly shall regulate the compensation of the Governor 
and all other officers, subject to the limitations contained 
in this constitution. 

Sec. 12. All lotteries shall hereafter be prohibited in this 
State, except those already authorized by the General As- 
sembly. 

Sec. 13. The General Assembly shall have no power, 
hereafter, without the express consent of the people, to in- 
cur State debts to an amount exceeding fifty thousand dol- 
lars, except in time of war, or in case of insurrection or 
invasion, nor shall they in any case, without such consent, 
pledge the faith of the State for the payment of the obli- 
gations of others. This section shall not be construed to 
refer to any money that may be deposited with this State 
by the Government of the United States. 

Sec. 14. The assent of two-thirds of the members elect- 
ed to each House of the General Assembly shall be re- 
quired to every bill appropriating the public money or 
property for local or private purposes. 

Sec. 15. The General Assembly shall, from time to 
time, provide for making new valuations of property, for 
the assessment of taxes, in such manner as they may deem 
best A new estimate of such property shall be taken be- 



11 

fore the first direct State tax after the adoption of this 
constitution, shall be assessed. 

Sec. 16. The General Assembly may provide by law for 
the continuance in office of any officers of annual election 
or appointment, until other persons are qualified to take 
their places. 

Sec. 17. Hereafter, when any bill shall be presented to 
either House of the General Assembly, to create a corpora- 
tion for any other than for religious, literary or charitable 
purposes, or for a military or fire company, it shall be con- 
tinued until another election of members of the General 
Assembly shall have taken place, and such public notice of 
the pendency thereof shall be given as may be required by 
law. 

Sec. 18. It shall be the duty of the two Houses upon the 
request of either, to join in grand committee for the pur- 
pose of electing Senators in Congress, at such times and 
in such manner as may be prescribed by law for said elec- 
tions. 

ARTICLE FIFTH. 

OF THE HOUSE OF REPRESENTATIVES. 

Section 1. The House of Representatives shall never 
exceed seventy-two members, and shall be constituted on 
the basis of population, always allowing one Representa- 
tive for a fraction exceeding half the ratio ; but each town 
or city shall always be entitled to at least one member ; 
and no town or city shall have more than one sixth of the 
whole number of members to which the House is hereby 
limited. The present ratio shall be one representative to 
every fifteen hundred and thirty inhabitants, and the Gen- 
eral Assembly may, after any new census taken by the au- 
thority of the United States or of this State, re-apportion 
the representation by altering the ratio ; but no town or 
city shall be divided into districts for the choice of repre- 
sentatives. 

Sec. 2. The House of Representatives shall have auth- 
ority to elect its speaker, clerks, and other officers. The 
senior member from the town of Newport, if any be pres- 
ent, shall preside in the organization of the House. 
ARTICLE SIXTH. 

OF THE SENATE. 

Section 1. The Senate shall consist of the Lieutenant- 
Governor and of one Senator from each town or city in the 
State. 

Sec. 2o The Governor, and, in his absence, the Lieuten- 



12 

ant-Governor, shall preside in the Senate and in grand com- 
mittee. The presiding officer of the Senate and grand 
committee shall have a right to vote in case of equal divis- 
ion, but not otherwise. 

Sec. 3. If, by reason of death, resignation, absence, or 
other cause, there be no Governor or Lieutenant Governor 
present, to preside in the Senate, the Senate shall elect one 
of their own members to preside during such absence or va- 
cancy ; and until such election is made by the Senate, the 
Secretary of State shall preside. 

Sec. 4. The Secretary of State shall, by virtue of his 
office, be Secretary of the Senate, unless otherwise provi- 
ded by law ; and the Senate may elect such other officers 
as they may deem necessary. 

ARTICLE SEVENTH. 

OF THE EXECUTIVE POWER. 

Section 1. The chief executive power of this State shall 
be vested in a Governor, who, together with a Lieutenant 
Governor, shall be annually elected by the people. 

Sec. 2 The Governor shall take care that the laws be 
faithfully executed. 

Sec. 3. He shall be captain-general and commander-in- 
chief of the military and naval forces of this State, except 
when they shall be called into the service of the United 
States. 

Sec. 4. He shall have power to grant reprieves after 
conviction, in all cases except those of impeachment, until 
the end of the next session of the General Assembly. 

Sec. 5. He may fill vacancies in office not otherwise 
provided for by this constitution or by law, until the same 
shall be filled by the General Assembly, or by the people. 

Sec. 6. In case of disagreement between the two Hou- 
ses of the General Assembly, respecting the time or place 
of adjournment, certified to him by either, he may adjourn 
them to such time and place as he shall think proper ; pro- 
vided that the time of adjournment shall not be extended 
beyond the day of the next stated session. 

Sec. 7. He may, on extraordinary occasions, convene 
the General Assembly at any town or city in this State, at 
any time not provided for by law ; and in case of danger 
from the prevalence of epidemic or contagious disease, in 
the place in which the General Assembly are by law to 
meet, or to which they may have been adjourned ; or for 
other urgent reasons, he may, by proclamation, convene 
said Assembly, at any other place within this State. 



13 

Sec. 8. All commissions shall be in the name and by 
authority of the State of Rhode-Island and Providence 
Plantations ; shall be sealed with the State seal, signed by 
the Governor and attested by the Secretary. 

Sec. 9. In case of vacancy in the office of Governor, or 
of his inability to serve, impeachment, or absence from the 
State, the Lieutenant Governor shall fill the office of Gov- 
ernor and exercise the powers and authority appertaining 
thereto, until a Governor is qualified to act, or until the 
office is filled at the next annual election. 

Sec. 10. If the offices of Governor and Lieutenant Gov- 
ernor be both vacant by reason of death, resignation, im- 
peachment, absence, or otherwise, the person entitled to 
preside over the Senate for the time being, shall in like 
manner fill the office of Governor during such absence or 
vacancy. 

Sec. 11. The compensation of the Governor and Lieu- 
tenant Governor shall be established by law, and shall not 
be diminished during the term for which they are elected. 

Sec. 12. The duties and powers of the Secretary, At- 
torney General, and General Treasurer, shall be the same 
under this constitution as are now established, or as from 
time to time mav be prescribed by law. 
ARTICLE EIGHTH. 

OF ELECTIONS. 

Section 1. The Governor, Lieutenant-Governor, Sena- 
tors, Representatives, Secretary of State, Attorney General, 
and General Treasurer, shall be elected at the town, city, 
or ward meetings, to be holden on the first Wednesday of 
April, annually ; and shall severally hold their offices for 
one year, from the first Tuesday of May next succeeding, 
and until others are legally chosen, and duly qualified to 
fill their places. If elected or qualified after the said first 
Tuesday of May, they shall hold their offices for the remain- 
der of the political year, and until their successors are qual- 
ified to act. 

Sec. 2. The voting for Governor, Lieutenant-Governor, 
Secretary of State, Attorney General, General Treasurer, 
and Representatives to Congress, shall be by ballot ; Sena- 
tors and Representatives to the General Assembly, and 
town or city officers, shall be chosen by ballot, on demand 
of any seven persons entitled to vote for the same ; and in 
all cases where an election is made by ballot or paper vote, 
the manner of balloting shall be the same as is now required 



14 

in voting for general officers, until otherwise prescribed by 
law. 

Sec. 3. The names of the persons voted for as Govern- 
or, Lieutenant-Governor, Secretary of State, Attorney Gen- 
eral, and General Treasurer, shall be placed upon one tick- 
et, and all votes for these officers, shall, in open town or 
ward meetings be sealed up by the moderators and town 
clerks and by the wardens and ward clerks, who shall cer- 
tify the same and deliver or send them to the Secretary of 
State ; whose duty it shall be securely to keep and deliver 
the same to the grand committee, after the organization 
of the two Houses at the annual May session ; and it shall 
be the duty of the two Houses at said session, after their 
organization, upon the request of either House, to join in 
grand committee, for the purpose of counting and declaring 
said votes, and of electing other officers. 

Sec. 4. The town and ward clerks shall also keep a correct 
list or register, of all persons voting for general officers, and 
shall transmit a copy thereof to the General Assembly, on 
or before the first day of said May session. 

Sec. 5. The ballots for Senators and Representatives in 
the several towns, shall in each case after the polls are de- 
clared to be closed, be counted by the moderator, who shall 
announce the result, and the clerk shall give certificates to 
the persons elected. If, in any case, there be no election, 
the polls may be re-opened, and the like proceedings shall 
be had until an election shall take place : Provided, how- 
ever, that an adjournment or adjournments of the election 
may be made to a time not exceeding seven days from the 
first meeting. 

Sec. 6. In the city of Providence, the polls for Senator 
and Representatives shall be kept open during the whole 
time of voting for the day, and the votes in the several 
wards shall be sealed up at the close of the meeting by the 
wardens and ward clerks in open ward meeting, and after- 
wards delivered to the city clerk. The Mayor and Alder- 
men shall proceed to count said votes within two days from 
the day of election ; and if no election of Senator and Rep- 
resentatives, or if an election of only a portion of the Rep- 
resentatives shall have taken place, the Mayor and Alder- 
men shall order a new election, to be held not more than 
ten days from the day of the first election, and so on until 
the election shall be completed. Certificates of election 
shall be furnished by the city clerk to the persons chosen. 

Sec. 7. If no person shall have a majority of votes for 



15 

Governor, it shall be the duty of the grand committee to 
elect one by ballot from the two persons having the high- 
est number of votes for the office, except when such a, 
result is produced by rejecting the entire vote of any town, 
city, or ward for informality or illegality, in which case a 
new election by the electors throughout the State shall be 
ordered ; and in case no person shall have a majority of 
votes for Lieutenant-Governor, it shall be the duty of the 
grand committee to elect one by ballot from the two per- 
sons having the highest number of votes for the office. 

Sec. 8. In case an election of the Secretary of State, 
Attorney General, or General Treasurer, should fail to be 
made by the electors at the annual election, the vacancy or 
vacancies shall be filled by the General Assembly in grand 
committee, from the two candidates for such office having 
the greatest number of the votes of the electors. Or, in 
case of a vacancy in either of said offices from other causes, 
between the sessions of the General Assembly, the Gov- 
ernor shall appoint some person to fill the same until a suc- 
cessor elected by the General Assembly is qualified to act ; 
and in such case, and also in all other cases of vacancies, 
not otherwise provided for, the General Assembly may fill 
the same in any manner they may deem proper. 

Sec. 9. Vacancies from any cause in the Senate or House 
of Representatives may be filled by a new election. 

Sec. 10. In all elections held by the people, under this 
constitution, a majority of all the electors voting shall be 
necessary to the election of the persons voted for. 
ARTICLE NINTH. 

OF QUALIFICATIONS FOR OFFICE. 

Section 1. No person shall be eligible to any civil office, 
(except the office of school committee,) unless he be a qual- 
ified elector for such office. 

Sec. 2. Every person shall be disqualified from holding 
any office to which he may have been elected, if he be 
convicted of having offered, or procured any other person 
to offer, any bribe to secure his election, or the election of 
any other person. 

Sec. 3 All general officers shall take the following en- 
gagement before they act in their respective offices, to wit : 
You being by the free vote of the electors of 

this State of Rhode-Island and Providence Plantations, 
elected unto the place of do solemnly swear (or 

affirm) to be true and faithful unto this State, and to sup- 
port the Constitution of this State and of the United States : 



16 

that you will faithfully and impartially discharge all the 
duties of your aforesaid office to the best of your abilities, 
according to law : So help you God. Or, this affirmation 
you make and give upon the peril of the penalty of perjury. 

Sec. 4. The members of the General Assembly, the 
Judges of all the Courts, and all other officers, both civil 
and military, shall be bound by oath or affirmation to sup- 
port this Constitution, and the Constitution of the United 
States. 

Sec. 5. The oath, or affirmation, shall be administered 
to the Governor, Lieutenant-Governor, Senators, and Rep- 
resentatives by the Secretary of State, or, in his absence, 
by the Attorney General. The Secretary of State, Attor- 
ney General, and General Treasurer, shall be engaged by 
the Governor, or by a Justice of the Supreme Court. 

Sec. 6. No person holding any office under the govern- 
ment of the United States, or of any other State or country, 
shall act as a general officer, or as a member of the Gene- 
ral Assembly, unless at the time of taking his engagement 
he shall have resigned his office under such government ; 
and if any general officer, Senator, Representative, or Judge 
shall, after his election and engagement, accept any appoint- 
ment under any other government, his office under this 
shall be immediately vacated ; but this restriction shall not 
apply to any person appointed to take depositions or ac- 
knowledgements of deeds, or other legal instruments, by 
the authority of any other State or country. 
ARTICLE TENTH. 

OF THE JUDICIAL POWER. 

Section 1. The Judicial power of this State shall be 
vested in one Supreme Court, and in such inferior courts 
as the General Assembly may, from time to time, ordain 
and establish. 

Sec. 2. The several courts shall have such jurisdiction as 
may from time to time be prescribed by law. Chancery 
powers may be conferred on the Supreme Court, but on no 
other Court to any greater extent than is now provided by 
law- 
Sec. 3. The Judges of the Supreme Court shall, in all 
trials, instruct the jury in the law. They shall also give 
their written opinion upon any question of law whenever 
requested by the Governor, or by either House of the Gen- 
eral Assembly. 

Sec. 4. The Judges of the Supreme Court shall be elected 
by the two Houses in grand committee. Each Judge shall 



17 

hold his office until his place be declared vacant by a reso- 
lution of the General Assembly to that effect; which reso- 
lution shall be voted for by a majority of all the members 
elected to the House in which it may originate, and be con- 
curred in by the same majority of the other House. Such 
resolution shall not be entertained at any other than the an- 
nual session for the election of public officers ; and in de- 
fault of the passage thereof at said session, the judge shall 
hold his place as is herein provided. But a Judge of any 
court shall be removed from office, if, upon impeachment, 
he shall be found guilty of any official misdemeanor. 

Sec. 5. In case of vacancy by death, resignation, remov- 
al from the State or from office, refusal or inability to serve, 
of any Judge of the Supreme Court, the office may be filled 
by the grand committee, until the next annual election, and 
the Judge then elected shall hold his office as before pro- 
vided. In cases of impeachment, or temporary absence or 
inability, the Governor may appoint a person to discharge 
the duties of the office during the vacancy caused thereby. 

Sec. 6. The Judges of the Supreme Court shall receive a 
compensation for their services, which shall not be dimin- 
ished during their continuance in office. 

Sec. 7. The towns of New Shoreham and Jamestown 
may continue to elect their wardens as heretofore. The 
other towns and the city of Providence, may elect such 
number of justices of the peace, resident therein, as 
they may deem proper. The jurisdiction of said justices 
and wardens shall be regulated by law. The justices shall 
be commissioned by the Governor. 

ARTICLE ELEVENTH. 

OF IMPEACHMENTS. 

Section 1. The House of Representatives shall have the 
sole power of impeachment. A vote of two thirds of all 
the members elected shall be required for an impeachment 
of the Governor. Any officer impeached, shall thereby be 
suspended from office until judgment in the case shall have 
been pronounced. 

Section. 2. All impeachments shall be tried by the Sen- 
ate ; and, when sitting for that purpose, they shall be un- 
der oath or affirmation. No person shall be convicted ex- 
cept by vote of two-thirds of the members elected. When 
the Governor is impeached, the chief or presiding justice 
of the Supreme Court for the time being, shall preside, with 
a casting vote in all preliminary questions. 
3 



IS 

Sec. 3. The Governor and all other executive and judi- 
cial officers, shall be liable to impeachment ; but judgment 
in such cases shall not extend further than to removal from 
office. The person convicted shall, nevertheless, he liable 
to indictment, trial, and punishment according to law. 
ARTICLE TWELFTH. 

OF EDUCATION. 

Section 1. The diffusion of knowledge, as well as of vir- 
tue, among the people, being essential to the preservation 
of their rights and liberties, it shall be the duty of the Gen- 
eral Assembly to promote public schools, and to adopt ail 
means which they may deem necessary and proper to se- 
cure to the people the advantages and opportunities of edu- 
cation. 

Sec. 2. The money which now is, or which may here- 
after be appropriated by law for the establishment of a per- 
manent fund for the support of Public Schools, shall be se- 
curely invested and remain a perpetual fund for that pur- 
pose. 

Sec. 3. All donations for the support of Public Schools 
or for other purposes of education, which may be received 
by the General Assembly, shall be applied according to the 
terms prescribed by the donors. 

Sec. 4. The General Assemby shall make all .necessary 
provisions by law for carrying this article into effect. They 
shall not divert said money or fund from the aforesaid uses, 
nor borrow, appropriate, or use the same, cr any part thereof, 
for any other purpose^ under any pretence whatsoever. 
ARTICLE THIRTEENTH. 

ON AMENDMENTS. 

The General Assembly may propose amendments to this 
constitution by the votes of a majority of all the members 
elected to each House. Such propositions for amendment 
shall be published in the newspapers, and printed copies of 
them shall be sent by the Secretary of State, with the 
names of all the members who shall have voted thereon, 
with the yeas and nays, to alt the town and city clerks in 
the State. The said propositions shall be, by said clerks, 
inserted in the warrants or notices by them issued, for 
warning the next annual town and ward meetings in 
April ; and the clerks shall read said propositions to the 
electors when thus assembled, with the names of all the 
Representatives and Senators who shall have voted there- 
on, with the yeas and nays, before the election of Senators 
and Representatives shall be bad. If a majority of all the 



ft 

members elected to each House, at said annual meeting, 
shall approve any proposition thus made, the same shall be 
published and submitted to the electors in the mode pro- 
vided in the act of approval ; and if then approved by 
three-fifths of the electors of the State present, and voting 
thereon in town and ward meetings, it shall become a part 
of the constitution of the State. 

ARTICLE FOURTEENTH. 

OF THE ADOPTION OF THIS CONSTITUTION. 

Section 1. This constitution, if adopted, shall go into 
operation on the first Tuesday of May, in the year one 
thousand eight hundred and forty-three. The first election 
of Governor, Lieutenant-Governor, Secretary of State, At- 
torney General, and General Treasurer, and of Senators 
and Representatives under said constitution, shall be had on 
the first Wednesday of April next preceding, by the electors 
qualified under said constitution. And the town and ward 
meetings therefor shall be warned and conducted as is now 
provided by law. All civil and military officers now elect- 
ed, or who shall hereafter be elected, by the General As- 
sembly, or other competent authority, before the said first 
Wednesday of April, shall hold their offices and may exer- 
cise their powers until the said first Tuesday of May, or 
until their successors shall be qualified to act. All statutes, 
public and private, not repugnant to this constitution, shall 
continue in force until they expire by their own limitation, 
or are repealed by the General Assembly. All charters, 
contracts, judgments, actions, and rights of action, shall be 
as valid as if this constitution had not been made. The 
present government shall exercise all the powers with which 
it is now clothed, until the said first Tuesday of May, one 
thousand eight hundred and forty-three, and until the gov- 
ernment under this constitution is duly organized. 

Sec. 2. All debts contracted and engagements entered 
into, before the adoption of this constitution, shall be as 
valid against the State as if this constitution had not been 
adopted. 

Sec. 3. The Supreme Court, established by this consti- 
tution, shall have the same jurisdiction as the Supreme 
Judicial Court at present established, and shall have juris- 
diction of all causes which may be appealed to, or pending 
in the same ; and shall be held at the same times and 
places, and in each county, as the present Supreme Judi- 
cial Court, until otherwise prescribed by the General As- 
sembly. 



20 

Sec. 4. The towns of New-Shoreham and Jamestown 

shall continue to enjoy the exemptions from military duty 

which they now enjoy, until otherwise prescribed by law. 

Done in Convention, at East-Greenwich, this fifth day 

of November, eighteen hundred and forty-two. 

JAMES FENNER, President. 
HENRY Y. CRANSTON, Vice-Pres't. 



Thomas A. Jenckes, > Secretaries 

-tf-X-T- -xxT tt r Wet/ ClW/ frCO. 

Walter W. Updike, y 



STATE OF RHODE-ISLAND AND PROYIDENCE 
PLANTATIONS 

In Convention, November 5, A. D. 1842. 

Resolved, That the constitution framed by this conven- 
tion, be certified by the officers thereof, and with the jour- 
nal and papers of the convention be deposited in the office 
of the Secretary of State, who shall cause said constitution, 
together with this resolution and all acts and resolutions of 
the General Assembly relating to this convention, to be 
printed and distributed according to law ; and that said 
constitution be submitted to all the people who may be by 
law authorised to vote thereon, for their ratification or re~ 
jection, at town or ward meetings, to be holden in the 
several towns and in the city of Providence, on Monday^ 
Tuesday, and Wednesday, the 21st, 22d, and 23d days of 
November, A. D. 1842. The several town and city clerks 
shall issue the necessary warrants for said meetings. Said 
meetings shall be kept open for the reception of votes during 
the time herein specified, and longer if necessary, viz. from 
the hour of 9 o'clock in the forenoon until 4 o'clock in the 
afternoon ; and in the town of Newport, and city of Provi- 
dence, until 7 o'clock in the evening on the days appointed. 

In the first line of the second section of article second, 
relating to the qualification of electors, when the constitu- 
tion is enrolled, there shall be a blank space left between 
the words every and male ; and at the meetings hereinbefore 
appointed for voting upon the constitution, the following 
question shall also be separately submitted to be voted up- 
on by those who may be authorised to vote for or against 
said constitution, viz : " In case the constitution framed by 
the convention assembled at Newport in September, 1842, 
be adopted, shall the blank in the first line of section se- 
cond of article second of said constitution, be filled by the 
word l white ;' and a sufficient number of affirmative and 
negative ballots for this purpose shall be printed and distribu- 



21 

ted by the Secretary. And in case said constitution be adopt- 
ed, and there shall also be a majority of votes in favor of 
filling said blank with said word white, the General Assem- 
bly shall cause the blank to be so filled, and the same shall 
be a part of said constitution in the same manner as if origi- 
nally inserted therein by this convention. But if there be 
a majority of votes against filling said blank as aforesaid, 
the constitution shall be printed without said blank. And 
if said constitution be not adopted, the vote taken in rela- 
tion to said word ivhite shall be of no effect. And the town 
and ward clerks shall keep separate lists of the votes of all 
colored persons under the second section of the article on 
the qualifications of electors, who may vote on the question 
of the adoption of the constitution, and also on the ques- 
tion of the insertion of the word white in said section ; and 
these ballots shall be placed in separate parcels in the sealed 
packages of ballots to be returned by the town and ward 
clerks to the General Assembly. 

The ballots upon the adoption of said constitution, and 
also upon the question in relation to said word white, shall 
be returned to the next session of the General Assembly 
holden after the meetings herein appointed, in order that 
they may cause the votes to be counted and the result de- 
clared. 

Read and adopted. THOS. A. JENCKES, Sec'ry. 

In Convention, Nov. 5, 1842. 

Resolved, That the town and city clerks give immedi- 
ate notice of the time appointed by this Convention for 
voting upon this Constitution, and also of the time appoint- 
ed for the completion of the registry of votes according to 
the provisions of section second, article second, of said Con- 
stitution, and that the Secretary of the Convention cause 
copies of this resolution to be forwarded to all the town and 
city clerks in the State. 

Read and adopted. THOS. A. JENCKES, Sec'ry. 



STATE OF RHODE-ISLAND AND PROVIDENCE 
PLANTATIONS. 

In General Assembly, June Session, A. D. 1842. 

AN ACT to provide for calling a Convention of the People 
of this State, for the purpose of forming a new Constitu- 
tion or form of government for the people thereof. 

Be it enacted by the General Assembly as follows : 
Section 1. The people of the several towns in this State, 



and of the city of Providence, qualified to vote as herein* 
after provided, are hereby requested at the town or ward 
meetings, holden on the last Tuesday of August next, to 
choose so many delegates as they will be severally entitled 
to according to the provisions of this act, to attend a Con- 
vention to be holden at Newport on the second Monday of 
September next, to frame a new Constitution for this State, 
either in whole or in part, with full powers for that purpose. 

Sec. 2. A majority of the whole number of delegates, 
which all the towns and city of Providence are entitled to 
elect, shall constitue a quorum who may elect a President, 
Secretaries, and other officers, judge of the election and 
qualification of members, punish contempts and establish 
such rules and proceedings as they may deem proper : said 
Convention may adjourn to any place they may think 
proper. Any town or city which may fail to elect its del- 
egates at the time prescribed, may choose them at any time 
before the meeting of the Convention, and vacancies from 
resignations or otherwise, may be filled at any time by a 
new election. 

Sec. 3. The Constitution or Articles agreed upon by 
the Convention, shall be submitted to those qualified to 
vote as hereinafter provided, in open town or ward meet- 
ings, to be held on such day or days, and in such time and 
manner as the Convention shall direct. The Constitution 
or articles shall be certified by the President and Secreta- 
ries, and with the journal and papers of the Convention, 
deposited in the office of the Secretary of State, who shall 
immediately distribute to the several town and city clerks, 
in due proportion, five thousand printed copies of the Con- 
stitution or articles, in pamphlet form, and also thirty thou- 
sand ballots, on one side of which shall be printed " Con- 
stitution, or Articles proposed by the Convention holden 
at Newport on the second Monday of September, A. D. 
1842; " and on the other side thereof shall be written or 
printed the word "Adopt" on one half of them, and the 
word "Reject" on the other half. He shall also cause 
said Constitution or articles to be published in any other 
manner the Convention may prescribe. 

Sec. 4. At said town or ward meetings every person 
voting shall have his name written on the back of his bal- 
lot ; and the ballots shall be sealed up in open town or ward 
meeting by the clerks and with lists of the voters be re- 
turned to the General Assembly at the next session thereof, 
who shall cause the votes to be examined and counted, and 



23 

if said Constitution or articles be adopted by a majority of 
the persons having a right to vote, the same shall go into 
operation at such time or times, and-insuch manner as shall 
be appointed by the Convention. 

Sec. 5. The Delegates to said Convention, shall be 
elected upon a basis of population according to the census 
of 1840, as follows: every town of not more than 3,000 
inhabitants, may elect two delegates; over 3000 and not 
over 6000 three delegates; over 6000 and not over 10,000 
four delegates; over 10,000 and not over 15,000 five dele- 
gates ; and over 15,000, six delegates. 

Sec. 6. In the choice of delegates to said Convention, 
the following description of persons shall be admitted to 
vote. All those who are qualified to vote for general offi- 
cers by existing laws ; and all native male citizens of the 
United States, (except Narragansett Indians, convicts, pau- 
pers, persons under guardianship and non compos mentis,) 
who are of the age of 21 years and upwards, and who shall 
have had their permanent residence or home within this 
State for the period of three years next preceding their 
voting, and in the town or city wherein they offer to vote, 
for the period of one year next preceding such voting, and 
who shall have had their names recorded with the town or 
city clerk of the town or city in which they shall offer to 
vote, in proper books to be kept by said town or city clerks 
for that purpose, at least ten days before the day of voting. 
In voting upon the adoption or rejection of said constitution 
or articles, in addition to those who are qualified to vote for 
general officers by the existing laws, all those shall be ad- 
mitted to vote who will be qualified to vote for general 
officers under the provisions of said constitution or articles, 
if in force : but this provision shall not be construed to 
give to any person a right to vote at any town or ward 
meeting, held under and by virtue of this act, upon any 
other question or questions than the questions herein spe- 
cifically named. 

Sec. 7. The delegates shall receive the same compensa- 
tion for attendance as members of the General Assembly, 
payable upon the certificate of the Secretary. 

See. S. A sum not exceeding five hundred dollars, is 
hereby appropriated for defraying the expenses of said con- 
vention, to be paid out of the treasury to the order of the 
President thereof. 

Sec. 9. It shall be the duty of the town, city and ward 
clerks, to warn according to law, the meetings hereby ap- 



LIBRARY OF CONGRESS 




24 

pointed, and those which may be ordered by said convention. 

Sec. 10. Any fourteen members of the Convention, in- 
cluding the President if there be one, shall have full power 
and authority to compel the attendance of absent members. 
It shall be the duty of the sheriff of the county where the 
Convention shall be in session, to attend said Convention, 
and execute the orders thereof. 

Sec. 11. Whenever in any town or ward meeting holden under this 
act, any dispute shall arise as to any person's residence, or other quali- 
fications, the moderator or warden, or person presiding in said meet- 
ings, shall have authority to examine under oath the person offering to 
vote, and other persons who may be present respecting" the same, and 
decide upon his qualification, subject to review by the General Assembly. 
A true copy— witness, HENRY BOWEN, Sec'ry. 



STATE OF RHODE-ISLAND AND PROVIDENCE PLANTA- 
TIONS. 

In Convention at Newport, Sept. 29th, 1842. 

Whereas from the manifest impracticability of ascertaining the pre- 
cise number of persons that might have a right to vote on the adoption 
of any constitution to be submitted for adoption under the provisions 
of the act calling this Convention, it is inferable that it is the true in- 
tent of said act that none but those actually voting should be counted ; 
and whereas there is an ambiguity in said act in this particular : 
therefore, 

Resolved, that the General Assembly be requested to pass such 
declaratory law as may be deemed necessary for the plainer expres- 
sion of the intent and meaning of the act aforesaid. 

Read and adopted. THOMAS A. JENCKES, Sec'ry. 

STATE OF RHODE ISLAND AND PROVIDENCE PLANT- 
ATIONS. 

In General Assembly October Session, A. D. 1842. 
AN ACT to amend " An Act to provide for calling a Convention of the 
People of this State for the purpose of forming a new Constitution or 
form of Government for the People thereof," passed at the June Ses- 
sion. A. D. 1842. 

Whereas the Convention which assembled at Newport^ on the second 
Monday of September last, in pursuance of the provisions of the act 
aforesaid, have requested this General Assembly to declare the true in- 
tent and construction of a portion of the Fourth Section of said act : 
therefore, 

Be it enacted by the General Assembly as follows: 
If the Constitution or articles that may be framed and submitted to 
the people under the provisions of said act, be adopted by a majority 
of the persons having a right to vote and actually voting upon the ques- 
tion of adopting the same, the said Constitution or articles shall become 
the supreme law of the State; and shall go into operation at such time 
or times and in such manner as shall be appointed by said Convention. 
True copy— witness, HENRY BOWEN, Sec'ry. 

Secretary's Office, Providence, Nov. 7, 1842. 
I certify the foregoing Constitution and Resolutions of the Conven- 
tion and acts of the General Assembly to be true copies of the records 
in my office. Witness, HENRY BOWEN, Sec'ry. 



LIBRARY OF CONGRESS 



021 051 757 1 



